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Title: Virginia Court Is Pressed To Take Action In SSN Case
Source: American Christian Liberty Society News
URL Source: http://www.christianliberty.org/art/update-7-11-2008
Published: Jul 13, 2008
Author: H. Lance Freeman
Post Date: 2008-07-13 13:28:54 by David Alan Carmichael
Keywords: None
Views: 203
Comments: 15

After the Governor and Trans-portation Secretary of Virginia took a posture of deliberate indifference to a religious accommodation request, they find themselves now subject to a law suit against them in their private capacities.

David Alan Carmichael has been trying to get a religious accommo-dation to the Virginia’s requirement to adhere a SSN as an element of his identity in order to apply for a driver’s license. After the Virginia General Assembly enacted a ‘Religious freedom preserved’ statute, much like the Federal Religious Freedom Restoration Act, David renewed his request for religious accommodation directly to Governor Tim Kaine. In his request, David cited a provision of the Virginia Constitution that indicates the ‘buck stops’ at the Governor when a government practice appears to violate the Constitution. The only action taken by Governor Kaine was to pass the ‘buck’ to Transportation Secretary Pierce Homer. Pierce Homer then completely evaded any reference to the freedom of religion provisions in the Virginia Constitution and statutes, even though they were squarely put to him by Carmichael. The request was sent again to the Governor. Carmichael’s correspondence was ignored.

A suit was filed by David in the Richmond City Circuit Court on April 28, 2008. In his suit, David claimed that other people are granted driver’s licenses without having to identify themselves with a SSN for reasons other than religion. In his recent motion for injunction, David listed several Federal cases involving religious objections to the uni-versal use of the SSN a personal identifier. Each of the cases that David cited went in favor of the religious objector on the basis of the standard recently enacted by the Virginia General Assembly, Va. Code §57-2.02. Leahy v. District of Columbia, is a driver’s license case parallel to Carmichael’s.

The Government lawyers appear to be digging in their heels against David’s request for accommodation of religion. They’ve responded to his suit in boilerplate fashion, making a motion for dismissal rather than answering the Complaint. David has a difficult road ahead. No doubt, it is a road that needs to be paved. Access the case documents at http://www.christianliberty.org/carmichael_dmv

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#3. To: David Alan Carmichael (#0)

David listed several Federal cases involving religious objections to the uni-versal use of the SSN a personal identifier. Each of the cases that David cited went in favor of the religious objector on the basis of the standard recently enacted by the Virginia General Assembly,

you would think that precedent has been set, wouldn't you? but with your case, as is becoming more and more commonplace anymore, it's not about the law. it's random hit or miss and dependent upon the whims of individual judges.

thanks for the update, David.

christine  posted on  2008-07-13   16:51:58 ET  Reply   Untrace   Trace   Private Reply  


#5. To: christine (#3)

thanks for the update

Just get ready for the next post Christine. It is about the case in Texas. The lawyer is awesome. She is going at it like David did against Goliath.

David Alan Carmichael  posted on  2008-07-13   17:43:14 ET  Reply   Untrace   Trace   Private Reply  


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